Trego Land & Investment Co. v. Reddig

Citations

• 86 Kan. 689
• 121 P. 912
• 1912 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment — School Lands — Rival Claimants — Estoppel. In an action of ejectment between rival claimants to a tract of school land, it is held, following Burgess v. Hixon, 75 Kan. 201, 88 Pac. 1076, and Thayer v. Schaben, 79 Kan. 856, 98 Pac. 1134, that upon the facts stated in the opinion, the holder of the older contract who had made default in payments and against whom a forfeiture had been declared upon proceedings not in strict, compliance with the law as it then existed, is barred from asserting title thereunder as against the holder of a later contract issued after the forfeiture proceedings had been completed, who has complied with all the terms of his purchase .and is in possession.</p>